Purpose

The dual employment policy is a state-wide uniform policy to be followed when one state department secures the services of an employee of another State department on a part-time, consulting or contractual basis. For employees engaged on a full time basis, any additional work for other than a state department is termed secondary employment and is covered in the State Personnel Manual (Section 1-5.2). Form CP-30 should be used for reporting purposes involving dual employment.

Applications and Exclusions

The policy applies to all State employees both subject to and exempt from the provisions of the State Personnel Act and to all state departments.

Definitions

• Parent department The State department, agency, or institution having control over the services of the employee, and from which the employee receives his or her regular pay check.
• Borrowing department The State department, agency, or institution seeking, on a temporary or part-time basis, the services of an employee of another State department.
• Straight time employee Normally, an employee with a 40 hour per week work schedule, including employees on rotating shifts and those with split shifts. Permanent employees filling positions subject to the State Personnel Act, with perhaps extremely rare exceptions, are straight-time employees for the purposes of this policy statement.

PAYMENT FOR SERVICES

1. No employee, even while on paid leave, may be paid additionally for services performed for the employee’s parent department.

 
2. If payment is to be made for services, the rate must be agreed upon in advance and may not be increased merely because additional funds become available. Neither are retroactive payments permissible to persons who have already performed services without compensation.

 
3. Commuting expenses are not reimbursable.

1. All payments for services must be made by the borrowing department directly to the parent department of the employee borrowed, and not to the employee.

 
2. Employee's travel and/or subsistence expenses, if any, incurred in the performance of services for the borrowing department, will be paid directly to the employee by the borrowing department. (Commuting expenses are excluded.)

 
3. All payments to the parent department must include the following:

• Payment for employee's services.
• Employer's social security contributions computed on the amount of (1).
• Employer's retirement contribution computed on the amount of payment in (1) above.

1. If the work (including preparation) is performed during the employee's regular work schedule (normally 8:00 to 5:00, Monday through Friday), and the employee is not on leave, the employee may not under any circumstances receive additional pay.

 
2. All State employees are subject to the provisions of the Federal Fair Labor Standards Act.

 
3. If a straight time employee is on authorized leave from regular duties with the parent department, the employee may be paid for the extra work on the same basis as in (1) above.

 
The parent department will budget and receive all payments from the borrowing agency as agency receipts, in a line titled "Payments for Employees on Loans". It is not permissible to handle such Payments as refunds of expenditures.